06- 096 C.M.R. ch. 355, § 1
Coastal sand dune systems are fragile, dynamic resources that comprise only about two percent of Maine's overall coastline. These sandy stretches are considered resources of state significance since they act as natural barriers that protect the shoreline from storm events. In addition, they have great scenic beauty and unique characteristics. They provide vital habitat for a variety of wildlife and they provide unsurpassed recreational opportunities. Many of the sandy beaches and dunes along Maine's coastline are eroding, in part, due to a scientifically documented rise in relative sea level. In addition, attempts to prevent erosion and flooding through the construction or enlargement of seawalls harm the beach and dune system. Seawalls reflect waves onto the beach causing sand to be scoured away and they cut off the natural supply of sand to the beach from the sand dune behind the wall.
The department recognizes the dynamic nature of coastal sand dune systems in response to the changing conditions of water levels, waves, and winds. The extent to which sea level will change in the future is uncertain. However, the department anticipates that sea level will rise approximately two feet in the next 100 years. Under any scenario of increasing sea level, the extensive development of sand dune areas and the construction of structures increase the risk of harm, to both the coastal sand dune system and the structures themselves.
In 38 M.R.S.A. §480-A, the Legislature stated that the State's coastal sand dunes systems are resources of state significance and that "there is a need to facilitate research, develop management programs and establish sound environmental standards that will prevent the degradation of and encourage the enhancement of these resources". In order to protect valuable coastal sand dune systems, the department will evaluate proposed developments with consideration given to future sea level rise and will impose restrictions on the density and location of development and on the size of structures.
Proposed activities in a coastal sand dune system must meet the standards set forth in this chapter and 38 M.R.S.A. §480-D. As a term or condition of a permit, additional requirements may be established by the department to ensure that the proposed activity will meet the statutory criteria. The department will deny a permit if the proposed activity does not meet the statutory criteria and standards contained in this chapter.
06- 096 C.M.R. ch. 355, § 1